- (1.) HEARD the parties.
(2.) THE petitioner has prayed for quashing the notice dated 28.2.04 issued by the Divisional Manager, Bihar State Road Transport Corporation, Ranchi directing the petitioner to deposit the entire arrears and vacate the shop no. 3 situated in Bus depot of Bihar State Road Transport Corporation, Ranchi. Mr. Pathak, leamed counsel appearing for the Corporation produced before me a decision of the Bench of this Court dated 7.11.03 in W.P.S. No. 2391 of 2003 and submitted that this Court after holding that the contract in question was purely a private contract and also that the allotment was made with a condition that the petitioner will vacate the shop at any time after giving notice to him, the instant is not maintainable. From perusal of the judgment I am of the view that this case is squarely covered by the said judgment and order passed by this Court. For the aforesaid reason no relief can be granted to the petitioner.
(3.) HOWEVER having regard to the averments made in the writ petition that the entire arrears have been deposited and in this regard the petitioner also informed by letter dated 15.11.03 to the Divisional Manager, I think the respondent no. 3 before evicting the petitioner from the shop in question should consider his representation and take a final decision by passing a reasoned order. The petitioner shall approach the Divisional Manager within 10 days by filing appropriate representation together with a copy of this order.;